User(s) Content Submission
BuzzMyBrand provides an online marketing software platform that allows organizers to attract, engage, understand and grow their customer base across social and online channels by operating contests, campaigns, websites, website plugins, Third-Party platforms, collectively called (“Services”).
- “Organizer” means the person, organization or business that organizes and launches the Contest and includes but is not limited to its agents and contractors;
- “Participant(s)” means any user that participates in the Contest;
- “User(s)” means any person, Organizer or Participant, accessing the Services via an online sign-up process, or participating and submitting Content, information, and other materials or services on the Services;
- “Content” means all information and data (including text, images, photos, videos, audio, scripts, graphics, digital images, files, music and documents) or any other content in any media and format provided or made available to BuzzMyBrand by or on behalf of a User in relation to the use of the Services;
- “Third-Party Provider” includes but not limited to Facebook, Twitter, YouTube and/or Instagram;
- “Site” means www.buzzmybrand.com and any Services available thereon;
- “Contest Site” means a subdomain of the Site, a domain or website of the Organizer, or if applicable, an application of a Third-Party Provider;
- “Contest” means the contest, promotion, marketing activity or other event specified in the Contest Description;
- “Contest Requirements” means the guidelines and criteria that Participants must abide by to be eligible for the Contest;
- “Contest Description” means the Contest description page for a particular Contest, which specifies relevant information for that Contest;
- “Prize(s)” means the prize or prizes to be awarded for a particular Contest as specified in the Contest Description;
- “Region” means the region(s) selected in which the Contest is held;
- “Taxes” means all taxes, assessments, charges, fees, custom duties and levies imposed by any governmental authority.
Terms and Conditions
By using any of the Services offered by BuzzMyBrand, Users agree to be bound by the following terms and conditions (“Terms of Service”). BuzzMyBrand reserves the right to update and/or change the Terms of Service from time to time without notice. Any new features, tools or resources shall be subject to these Terms of Service. Continued use of the Services after any such change(s) shall constitute User’s consent to such changes.
THE ORGANIZER IS RESPONSIBLE FOR ENSURING THE CONTEST HAS ALL NECESSARY AUTHORIZATIONS AND COMPLIES WITH ALL LAWS, RULES AND REGULATIONS IN ALL JURISDICTIONS WHERE THE CONTEST IS OFFERED. CONTESTS ARE VOID WHERE PROHIBITED BY LAW.
Violation of any of the Terms of Service below will result in the termination of the Users’ account or participation.
Users understand and agree that BuzzMyBrand is not responsible for any posted Content. Users agree to use the Services at their own risk.
- Users agree that they will not use the Services if they are not of legal age to form a binding contract with BuzzMyBrand or if they are legally prohibited from receiving or using the Services under the laws of the country in which they are resident or from which they are accessing or using the Services.
- Users agree they will not distribute any part of the Services or the Content without prior written authorization from BuzzMyBrand.
- Users acknowledge that they shall not create, submit or share any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content that in any respect:
- is in breach of any law, statute, rule, regulation or bylaw of any applicable jurisdiction;
- is fraudulent, criminal or unlawful;
- may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, harmful, harassing, threatening, abusive, hateful, menacing or defamatory or harmful to children in any way;
- may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or privacy or other rights of BuzzMyBrand or any third party;
- purposely affect, damage or injure in any way whatsoever a brand or a company’s reputation by means of false, misleading and offensive content;
- is contrary to any specific rule or requirement that BuzzMyBrand stipulates in relation to a particular part of the Services or the Services generally; or
- upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component.
- Users agree to the following:
- be responsible for their own and Users’ compliance with these Terms of Service;
- be solely responsible for the accuracy, quality, integrity, and legality of Content and of the means by which they acquired or generated Content;
- be solely responsible and liable for all activity conducted through their account in connection with the Services;
- promptly notify BuzzMyBrand if they become aware of or reasonably suspect any security breach, including any loss, theft, or unauthorized disclosure or use of their user name, password, or account; and
- use the Services only in accordance with applicable laws and regulations.
- Third-Party Products and Services. Users acknowledge that the Services may enable or assist them to access and interact with other third parties’ websites or applications (collectively, the “Third-Party Provider Services”). When Users access the Third-Party Provider Services, they will do so at their own risk. Any use of Third-Party Provider Services is governed solely by the terms and conditions of such Third-Party Provider Services (and Users shall comply with all such terms and conditions), and any contract entered into, or any transaction completed via any Third-Party Provider Services, is between Users and the relevant third party, and not BuzzMyBrand. BuzzMyBrand makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Provider Services or any transactions completed and any contract entered into by Users with any such Third-Party Provider.
- Non-Exclusivity. Users acknowledge that the rights granted to them under the Terms of Service are non-exclusive and that nothing in this Agreement will be interpreted or construed to prohibit or in any way restrict BuzzMyBrand’s right to license, sell, or otherwise make available the Services to any third party or perform any services for any third party.
BuzzMyBrand retains all right, title, and interest in and to the Services. Nothing herein shall be construed to restrict, impair, encumber, alter, deprive, or adversely affect the Services or any of BuzzMyBrand’s rights or interests therein or any other BuzzMyBrand intellectual property, brands, information, content, processes, methodologies, products, goods, services, materials, or rights, tangible or intangible. All rights, title, and interest in and to the Services not expressly granted in this Agreement are reserved by BuzzMyBrand. Users may from time to time provide suggestions, comments or other feedback to BuzzMyBrand with respect to the Services (“Feedback”). Feedback, even if designated as confidential by Users, shall not create any confidentiality obligation for BuzzMyBrand notwithstanding anything else. Users shall, and hereby do, grant to BuzzMyBrand a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to use and exploit the Feedback for any purpose.
- User(s) Content. Content posted on the Services must comply with your local law. Users grant BuzzMyBrand a limited, worldwide, non-exclusive, non-transferable license, to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index the Content for the purpose of supporting your use of the Services and providing Services to Users.
- BuzzMyBrand claims no intellectual property rights over the material or Content that Users submit, post or display through the Services.
- Responsibility for Content. Users are solely responsible for the Content that Users upload, publish, display, link to, or otherwise make available via the Services, and Users agree that BuzzMyBrand is only acting as a passive conduit for the online distribution and publication of the Content. Notwithstanding the foregoing, BuzzMyBrand retains the authority to remove any Content uploaded that it deems in violation of this Agreement, at its sole discretion. BuzzMyBrand is not responsible for typographical errors or omissions.
- By using the Services to publish a page, promotion or profile on Third-Party Provider, and agreeing to these Terms of Service, Users grant BuzzMyBrand the non-exclusive right and license to use captured images and other data, including but not limited to logos and business names from your page or profile for promotional or marketing purposes. If Users have signed up to use the Services, Users also grant BuzzMyBrand the right to use your company logo for the same marketing purposes, even when Users have only submitted their company name and not the logo. By granting this right Users agree that BuzzMyBrand and its affiliates have a license to use this material or content. In addition, by setting your pages to be shared publicly, Users agree to allow others to view and share your Content.
- Unless written permission is provided by BuzzMyBrand, nothing in this agreement gives Users a right to use any of BuzzMyBrand trade names, trademarks, services marks, logos, domain names, or other distinctive brand names.
- BuzzMyBrand is the copyright owner of all content on the BuzzMyBrand’s website and/or any of domain names that is registered by BuzzMyBrand. All rights are reserved. Users may not duplicate, copy, or reuse any portion of the html/css or visual design elements of the www. Buzzmybrand.com and/or any domain name that is registered by BuzzMyBrand without express written permission from BuzzMyBrand.
- BuzzMyBrand names and logos and all related names, design marks and slogans are the trademarks or service marks of BuzzMyBrand and may not be copied, imitated or used, in whole or in part, without the prior written permission of BuzzMyBrand.
- BuzzMyBrand is the owner or the license holder of all intellectual property rights in the Services, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- Users may print off one copy and may download extracts of any Content or page(s) from the Services for your personal reference. Users must not modify the paper or digital copies of any materials Users have printed off or downloaded in any way and Users must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Users must not use any part of the materials on the Services for commercial purposes without obtaining a license to do so from BuzzMyBrand. Users may not use any metatags or any other "hidden text" utilizing “BuzzMyBrand” or any other name, trademark or product or service name of BuzzMyBrand without prior written permission.
- Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by BuzzMyBrand.
- Users agree that BuzzMyBrand is not responsible for any violations of any third party intellectual property rights in any Content that Users submit to BuzzMyBrand.
- Users agree to pay all royalties, fees and any other monies owing to any person by reason of Content displayed or posted by Users to BuzzMyBrand. Except for your Content, Users may not copy, modify, publish, broadcast, transmit, distribute, perform, display or sell any Content appearing on BuzzMyBrand.
- The Services allows Users to submit Content. Users acknowledge that whether or not Content is published, BuzzMyBrand does not guarantee any confidentiality with respect thereto.
- As Users publish Content utilizing the Services, that Content becomes public and Users retain all of their ownership rights in your Content, but Users are required to grant license rights to BuzzMyBrand and other users of the Services as described herein. Such Content may also be generally available to the public at large from search engines over internet and Users explicitly declare that Users have no expectation to confidentiality for any Content available through the Services.
- Users agree that they are solely responsible for any Content that they publish and for the consequences of posting or publishing it. BuzzMyBrand expressly disclaims any and all liability in connection with such Content. BuzzMyBrand may, but is not required to monitor or control the Content posted via the Services and BuzzMyBrand takes no responsibility for such Content.
- Users represent and warrant that they own and will continue to own during their use of the Services the necessary licenses, rights, consents and permissions to any Content they publish on the Services.
- BuzzMyBrand expressly disclaims any liability that may derive from the Content and abides by all laws protecting copyrights, trademarks and other intellectual property. BuzzMyBrand will cooperate with third parties, any law enforcement agency, court of law or applicable regulatory body with the investigation into that infringement. This means your personal information, including your name, address, email, IP address and other identifiable information, may be distributed for the purpose of protecting third parties’ intellectual property.
Notwithstanding any provision of these Terms, BuzzMyBrand reserves the right, without notice and in its sole discretion, without any notice or liability to Users, to:
- terminate their right to use or access BuzzMyBrand website(s), or any portion thereof;
- block or prevent their future access to and use of all or any portion of the website(s);
- change, suspend or discontinue any aspect of the website(s); and
- impose limits on the website(s).
When opening a BuzzMyBrand account, a valid credit card will be required for billing purposes. Payment information will be stored with a Third-Party Provider, whose policies and terms will apply. BuzzMyBrand will not be responsible for any loss or damage whatsoever caused by the Third-Party Provider, including but not limited to its billing process and information storage. Users agree that all payments made to BuzzMyBrand in connection with your BuzzMyBrand account are non-refundable, and BuzzMyBrand does not offer, and is not required to provide, any refunds or credits. There is no circumstance in which Users will be entitled to, or BuzzMyBrand is required to provide, a refund or credit.
Users hereby agree to, indemnify and hold harmless, BuzzMyBrand, and its officers, directors, shareholders, employees and affiliates, from any and all claims, losses, damages, liabilities and any other costs and expenses (including attorneys’ fees), arising from or related to such User’s:
- failure to comply with BuzzMyBrand’s Terms or Policies;
- submission or posting of Content using BuzzMyBrand, or
- any use of, access to or other activity engaged in, on or through BuzzMyBrand.
Any attempt by Users to deliberately damage the Site or Contest Site or undermine the legitimate operation of the Contest is a violation of applicable law. Should such an attempt be made, the Organizer and BuzzMyBrand reserve the right to seek damages from any such person to the fullest extent of the law and to disqualify Users from the Contest.
If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
BuzzMyBrand Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. BuzzMyBrand is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Law and Jurisdiction
No joint venture, partnership, employment, or agency relationship exists between the Users, BuzzMyBrand or any Third-Party Provider as a result of these Terms of Service.
The failure of BuzzMyBrand to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BuzzMyBrand in writing.
Limitation of Liability
Users expressly understand and agree that BuzzMyBrand and its officers, directors, shareholders, employees and affiliates, will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses arising out of or relating to:
- these Terms or that result from Users’ use or the inability to use the BuzzMyBrand materials or the services;
- any other interactions with BuzzMyBrand; or
- any Third-Party Provider.
If Users have any questions regarding the use of the Services, please send BuzzMyBrand an email at email@example.com.